THIRTIETH  CONGRESS— FIRST  SESSION.'         c    % 


Ex.  Doc.  No.  65. 


HOUSE  OF  REPRESENTATIVES. 


CHEROKEE  INDIANS. 

MESSAGE 

OF    THE 

PRESIDENT  OF    THE.  UNITED  STATES, 

TRANSMITTING 

Ji  communication  from  the  Secretary  of  War,  and  a  report  from 
the  Commissioner  of  Indian  Affairs,  in  relation  to  the  Cherokee 
Indians. 


May  20,  1848. 

Referred  to  the  Committee  on  Indian  Affairs,  and  ordered  to  be  printed. 


To  the  Senate  and  House  of  Representatives : 

I  transmit,  for  the  information  of  Congress,  a  communication 
from  the  Secretary  of  War,  and  a  report  of  the  Commissioner  of 
Indian  Affairs,  showing  the  result  of  the  settlement  required  by  the 
treaty  of  August,  1846,  with  the  Cherokees,  and  the  appropriations 
requisite  to  carry  the  provisions  of  that  treaty  into  effect. 

JAMES  K.  POLK. 

Washington,  May,  19,  1848. 


War  Department,  May  18,  1848. 

Sir:  I  have  the  honor  to  submit,  for  transmission  to  Congress, 
for  the  information  of  that  body,  and  in  order  that  the  requisite 
appropriations  may  be  made,  a  report  of  the  Commissioner  of  In- 
dian Affairs,  in  relation  to  the  settlement  required  to  be  made  with. 
the  Chero'kees,  by  the  treaty  with  them  of  August,  1846,  and 
showing  the  amounts  yet  necessary  to  carry  the  provisions  of  that 
treaty  into  effect. 

Very  respectfully,  your  obedient  servant, 

W.  L.  MARCY, 
Secretary  of  War* 

To  the  President. 


2 


Ex.  Doc.  No.  65. 


Report  of  the  Commissioner  of  Indian  Affairs  to  the  Secretary  of 
War,  communicating  the  result  of  the  settlement  with  the  Chero- 
keesj  required  to  be  made  by  the  treaty  of  August^  1846. 

War  Department, 
Office  of  Indian  Affairs,  May  10,  1848. 

Sir:  By  the  ninth  article  of  the  treaty  with  the  Cherokees,  of 
August,  1846,  "  the  United  States  agree  to  make  a  just  and  fair  set- 
tlement" with  those  people,  under  the  treaty  of  New  Ecbota,  of 
December,  1S35,  which  "  shall  exhibit  all  money  properly  expended 
under  said  treaty,  and  shall  embrace  all  sums  paid  for  improve- 
ments, ferries,  spo'iations,  removal,  and  subsistence,  and  commu- 
tation therefor,  debtsand  claims  upon  the  Cherokee  nation  of  Indians 
for  the  additional  quantity  of  land  ceded  to  said  nation,  and  the  seve- 
ral sums  provided  in  the  several  articles  of  the  treaty  to  be  invested  as 
the  general  fund  of  the  nation.;  and  also,  all  sums  which  may  be 
hereafter  properly  allowed  and  paid  undei  the  provisions  of  the 
treaty  of  1835.  The  aggregate  of  which  said  several  sums  shall 
be  deducted  from  the  sum  ot  six  millions  six  hundred  and  forty- 
seven  thousand  and  sixty-seven  dollars,  and  the  balance  thus  found 
to  be  due  shall  be  paid  over,  per  capita^m  equal  amounts  to  all 
those  individuals,  heads  of  families,  or  their  legal  representatives, 
entitled  to  receive  the  same  under  the  treaty  of  1835,  and  the  sup- 
plement of  1836,  being  all  those  Cherokees  residing  east,  at  the 
date  of  said  treaty,  and  the  supplement  thereto." 

It  was  the  desire  of  the  department  to  have  this  settlement  made 
in  time  to  submit  the  result  to  Congress  at  the  last  session;  and  an 
investigation  of  the  various  points  involved  was  commenced  with 
that  view.  As,  however,  it  was  to  include  all  sums  which  might, 
after  the  treaty  of  1846,  be  "  properly  a  llowed  and  paid  under  the- 
provisions  of  the  treaty  of  1835,"  and  claims  to  a  large  amount 
under  that  .treaty  were  under  investigation  by  commissioners  ap- 
pointed under  its  17th  article,  it  was  necessary  to  await  the  result 
of  the  final  action  of  those  commissioners,  in  order  to  embrace  any 
allowances  made  by  them,  and  chargeable  to  the  funds  on  hand 
under  the  last  mentioned  treaty.  There  were  also  numerous  claims 
which  had  been  presented  for  commutation  of  removal  and  subsist- 
ence, by  Cherokees  who  had  emigrated  and  subsisted  themselves; 
and  which,  if  allowed,  would  have  to  be  embraced  in  the  settle- 
ment. Time  was  required  for  collecting  information  in  relation 
to  these  claims,  and  for  their  proper  investigation.  In  consequence 
of  these  and  other  circumstances,  the  desire  of  the  department 
could  not  be  accomplished. 

In  the  third  article  of  the  treaty  of  1846,  it  is  stated  that  li  cer- 
tain claims  have  been  allowed  by  the  several  boards  of  commission- 
ers heretofore  appointed  under  the  treaty  of  1835,  for  rents,  under 
the  name  of  improvements  and  spoliations,  and  for  property  of 
which  the  Indians  were  dispossessed,  provided  for  under  the  16th 
article"  of  that  treaty;  and  that  "a  further  amount  has  been  allowed 
for  reservations  under  the  treaty  of  1835  by  said  commissioners;"" 
and   it  is  assumed  that    the  amounts  thus  allowed,   together  with 


Ex.  Doc.  No.  65.  3 

u  the  expenses  of  making  the  treaty  of  New  Echota,"  were  wrong- 
fully paid  out  of  "  the  $5,000,000  fund"  under  that  treaty;  and, 
therefore,  the  "United  States  agree  to  reimburse  the  said  fund  the 
amount  thus  charged  to  said  fund,  and  the  same  shall  form  a  part 
of  the  aggregate  amount  to  be  distributed  to  the  Cherokee  people, 
as  provided  for  in  the  9th  article  of  this  treaty." 

The  statement  in  regard  to  the  expenses  of  making  the  treaty  of 
New  Echota  is  an  error;  they  were  not  paid  out  of  "  the  five  mil- 
lion fund,"  but  from  a  special  appropriation  therefor  made  by  Con- 
gress on  the  2d  July,  1836.  See  Laws  United  States,  vol.  9,  page 
453;  and  it  remains  to  be  seen  how  far,  upon  a  proper  classifi- 
cation and  arrangement  of  the  expenditures  under  the  treaty  of 
1835,  with  reference  to  the  appropriations  for  carrying  it  into  effect  j 
the  other  objects  above  referred  to  can  properly  be  considered  as 
having  been  paid  out  of  that  fund,  and  the  United  States  bound  to 
reimburse  the  amount. 

In  making  the  expenditures  under  the  treaty  of  1835,  but  little,  if 
any,  attention  appears  to  have  been  paid  to  the  heads  of  appropria- 
tion from  which  the  money  was  taken.  Thi  funds  stipulated  in  the 
treaty,  and  the  additional  amounts  granted  by  the  supplement  and 
by  appropriations  of  Congress,  seem  to  have  been  regarded  as  one 
general  aggregate  fund,  out  of  which  all  the  expenses  of  carrying 
the  treaty  into  effect  were  to  be  paid;  and  that  it  therefore  made  no 
difference  whether  the  money  for  any  one  object  came  from  the  ap- 
propriation for  that  object  or  from  anothor.  In  this  way  payments 
were  made  out  of  the  "  five  million  fund,"  for  objects  intended  to 
be  met  by  the  additional  amounts  allowed  and  appropriated  as 
above,  and  the  reverse.  This  has  led  to  much  misunderstanding 
and  error,  which  would  have  been  cleared  up  on  a  proper  final  set- 
tlement under  the  treaty  of  1835.  And  in  order  now  to  render  the 
whole  subject  plain,  and  susceptible  of  being  easily  understood,  it 
is  necessary  to  set  forth  the  various  objects  of  expenditure  under 
that  treaty,  the  funds  provided  to  meet  them,  to  what  extent  they 
were  to  be  paid  for  by  the  United  States  and  the  Cherokees,  respec- 
tively, and  how  far,  on  a  proper  classification  of  expenditures,  with, 
reference  to  the  funds  belonging  to  the  Cherokees,  and  those  pro- 
vided in  addition  by  the  government,  this  may  be  regarded  as  hav- 
ing been  done.  The  account  thus  stated  will  be  a  "just  and  fair 
settlement"  under  the  treaty  of  l835-'6,  as  required  by  the  9tb 
article  of  the  treaty  of  1846. 

By  the  first  article  of  the  treaty  of  1835,  the  Cherokees,  for  and 
in  consideration  of  the  sum  of  $5,000,000,  cede,  relinquish,  and 
convey  to  the  government  "all  the  lands  owned,  claimed,  or  pos- 
sessed by  them,  east  of  the  Mississippi  river;  and  hereby  release  all 
their  claims  upon  the  United  States  for  spoliations  of  every  kind." 

By  the  15 1..  ai  tide,  it  was  expressly  understood  and  agreed  "that, 
after  deducting  the  amount  which  shall  be  actually  expended  for 
the  payment  for  improvements,  ferries,  claims  for  spoliations,  re- 
moval, subsistence,  and  debts,  and  claims  upon  the  Cherokee  nation, 
and  for  the  additional  quantity  of  lands  and  goods  for  the  poorer 
class  of  Cherokees,  and  the  several  sums  to  be  invested  for  the  gen- 


4  Ex.  Doc.  No.  65. 

eral  national  funds,  provided  for  in  the  several  articles  of  this 
treaty,  the  balance,  whatever  the  same  may  be,  shall  be  equally 
divided  between  all  the  people  belonging  to- the  Cherokee  nation, 
east,  according  to  the  census  just  completed." 

The  various  articles  of  the  treaty  of  1835-'6,  embracing  the  ob- 
jects specified  in  the  15th  article,  are  as  follows:  By  the  9th  article 
"  the  United  States  agree  to  appoint  suitable  agents,  who  shall 
make'a  just  and  fair  valuation  of  all  such  improvements,  now  in  the 
possession  of  the  Cherokees,  as  add  any  value  to  the  lands;  and 
also  of  the  ferries  owned  by  them,  according  to  their  net  income; 
and  such  improvements  and  ferries  from  which  they  have  been  dis- 
possessed in  a  lawless  manner,  or  under  any  existing  laws  of  the 
State,  where  the  same  may  be  situated." 

The  claims  for  spoliations  are  thus  provided  for  in  the  last  clause 
of  the  tenth  article:  "The  sum  of  three  hundred  thousand  dollars 
is  hereby  set  apart  to  pay  and  liquidate  the  just  claims  of  the 
Cherokees  upon  the  United  States  for  spoliations  of  every  kind 
that  have  not  been  already  satisfied  under  former  treaties."  By  the 
first  article  of  the  treaty,  the  question  was  to  be  submitted  to  the 
Senate  whether  this  charge  was  to  be  borne  by  the  Cherokees,  out 
of  the  consideration  for  the  lands,  or  by  the  United  States. 

Removal  and  subsistence  are  provided  for  in  the  eighth  article, 
as  follows:  "The  United  States  also  agree  and  stipulate  to  remove 
the  Cherokees  to  their  new  homes,  and  to  subsist  them  one  year 
after  their  arrival  there,  and  that  a  sufficient  number  of  steamboats 
and  baggage  wagons  shall  be  furnished  to  remove  them  comfortably, 
and  so  as  not  to  endanger  their  health,  and  that  a  physician,  well 
supplied  with  medicines,  shall  accompany  each  detachment  of  emi- 
grants removed  by  the  government.  Such  persons  and  families  as, 
in  the  opinion  of  the  emigrating  agent,  are  capable  of  subsisting 
and  removing  themselves,  shall  be  permitted  to  do  so;  and  they 
shall  be  allowed,  in  full  for  all  claims  for  the  same,  twenty 
dollars  for  each  member  of  their  family;  and  iri  lieu  of  their  one 
year's  rations,  they  shall  be  paid  the  sum  of  thirty-three  dollars 
and    thirty-three  cents,  if  they  prefer  it." 

The  last  clause  but  one  of  the  tenth  article  provides  that  "the 
United  States  also  agree  and  stipulate  to  pay  the  just  debts  and 
claims  against  the  Cherokee  nation  held  by  the  citizens  of  the 
same,  and  also  the  just  claims  of  citizens  of  the  United  States  for 
services  rendered  to  the  nation,  and  the  sum  of  sixty  thousand  dol- 
lars is  appropriated  for  this  purpose;  but  no  claims  against  indi- 
vidual persons  of  the  nation  shall  be  allowed  and  paid  by  the  na- 
tion." The  Attorney  General  decided  that,  according  to  a  just  con- 
struction of  this  clause,  the  $60,000  thus  set  apart  was  applicable 
only  to  claims  of  citizens  of  the  United  States  against  the  nation, 
and  could  not  be  exceeded  for  that  purpose,  but,  if  insufficient  to 
embrace  all  just  claims  of  that  character,  it  must  be  rateably  di- 
vided among  the  claimants.  See  Attorney  General's  opinions,  pp. 
1113-'14.  This  construction  is  no  doubt  correct,  the  object  being- 
to  fix  a  limit  to  the  amounts  to  be  paid  for  debts  alleged  by  white 


Ex.  Doc.  No.  65.  5 

persons  against  the  nation.  The  debts  due  their  own  citizens,  to 
be  paid  out  of  the  general  fund,  were  left  without  any  such  limit. 
The  compensation  for  the  additional  quantity  of  land  to  be  added 
to  the  Cherokee  country  west  of  the  Mississippi,  is  fixed  in  the  last 
paragraph  of  the  second  article  at  $500,000.  By  the  last  para- 
graph of  the  twelfth  article,  the  sum  of  $100,000  was  to  be  expended 
for  the  goods  for  the  poorer  class  of  Cherokees,  referred  to  in  the 
fifteenth  article. 

"The  several  sums  to  be  invested  for  the  general  national  funds" 
are  specified  in  the  tenth  article,  as  follows:  $200,000  "to  consti- 
tute a  general  fund;"  $50,000  "to  constitute  an  orphans'  fund," 
and  $150,000  "to  constitute  a  permanent  school  fund" — in  all 
$400,000;  to  which  the  last  clause  of  the  fourth  article  of  the  sup- 
plement transferred  and  added  the  $100,000,  set  apart  by  the  last 
clause  of  the  twelfth  article  of  the  treaty  for  "the  poorer  class  of 
Cherokees,"  thus  making  the  amount  to  be  invested  out  of  the  con- 
sideration for  the  land,  as  general  national  funds,  five  hundred 
thousand  dollars. 

As  the  treaty  originally  stood,  when  negotiated,  it  is  evident 
that  it  was  the  intention  that  all  the  objects  specified  in  the  15th. 
article,  (unless  the  Senate  should  determine  otherwise  with  regard 
to  spoliation,)  were  to  be  provided  for  out  of  the  "  five  million 
fund."  It  is  true,  that  in  several  of  the  articles  of  the  treaty  that 
have  been  quoted  o:  referred  to,  the  government  stipulated  to  do 
certain  things  involving  expenditure;  in  the  eighth,  to  remove  and 
subsist  the  Cherokees  for  one  year,  and  in  the  tenth,  to  pay  the 
just  debts  and  claims  against  the  Cherokee  nation,  &c;  but  these 
were  not  to  be  at  the  expense  of  the  United  States,  for  the  15th. 
article  expressly  provides  that  the  amounts  expended  for  them 
shall  be  deducted  from  the  general  fund  of  $5,000,000.  In  all  such 
cases,  the  United  States  were  to  perform  the  acts  and  to  make  the 
expenditures,  as  the  agents  or  trustees  of  the  Cherokees.  Wherever 
it  was  intended  that  the  government  should  bear  the  expense  of 
any  object,  it  is  so  specifically  provided. 

If  there  were  any  doubt  as  to  the  objects  to  be  paid  for  out  of 
the  Cherokee  fund,  it  would  be  dissipated  by  the  correspondence 
with  the  head  men  of  the  nation  about  the.  time  the  treaty  was  ne- 
gotiated. See  House  Doc.  No.  286,  1st  session  24th  Congress,  and 
Senate  Doc.  No.  120,  2d  session  25th  Congress.  The  first  of  these 
documents  contains  the  projet  of  the  treaty  of  1835-6,  as  it  was 
agreed  upon  with  the  delegation  of  Cherokees  in  this  city;  and  al- 
though, in  the  negotiation,  this  projet  was  slightly  altered  in  some 
of  the  details,  it  shows  clearly  the  objects  to  which  the  $5,000,000 
to  be  given  for  the  lands — or  rather  as  the  difference  in  value  be- 
tween them  and  those  assigned  to  the  Cherokees  west — was  to  be 
applied.  See  the  schedule  at  page  39,  which  specified  those  ob- 
jects, among  which  were  removal  and  subsistence.  In  the  latter 
document,  pages  97  to  104,  are  the  instructions  of  the  Secretary  of 
War  to  the  commissioners  appointed  to  negotiate  the  treaty,  and 
at  page  108,  a  letter  to  Messrs.  Underwood  and  Ridge,  in  which  it 
was  stated,  by  direction  of  the  President,  that  "  no  proposition  for 


6  Ex.  Doc.  No.  65. 

a  treaty  will  hereafter  be  made  more  favorable  than  those  now 
offered  to  them." 

The  first  of  the  supplementary  articles  to  the  treaty  of  1835,  de- 
clared void  the  pre-emption  privilege  stipulated  in  the  12th  article 
of  that  treaty,  and  the  grant  of  reserva'.ions  in  the  13th  article. 
The  first  article  of  the  treaty  and  the  second  of  the  supplement, 
provided  for  the  submission  to  the  Senate,  for  decision,  the  question 
whether  the  $5,000,000  granted  for  the  lands  was  to  include  the 
$300,000  specified  for  spoliations,  the  cost  of  the  removal  of  the 
Cherokees  west  of  the  Mississippi,  and  "the  value  of  certain  claims 
which  many  of  their  people  had  against  citizens  of  the  United 
States."  If  not,  then  additional  provision  was  to  be  made  for  those 
objects.  Hence  the  3d  article  or  the  supplement,  which  stipulated 
that  "the  sum  of  six  hundred  thousand  dollars  shall  be,  and  the 
same  is  hereby,  allowed,  to  include  the  expense  of  their  removal, 
and  all  claims  of  every  nature  and  description  against  the  govern- 
ment of  the  United  States,  not  herein  otherwise  expressly  provided 
for,  and  to  be  in  lieu  of  the  said  pre-emptions  and  reservations, 
and  the  sum  of  three  hundred  thousand  dollars  for  spoliations,  de- 
scribed in  the  first  article  of  the  treaty." 

On  the  12th  June,  1838,  Congress  appropriated  the  further  sum 
of  one  million  forty-seven  thousand  and  sixty-seven  dollars,  "in 
full  for  all  objects  specified  in  the  third  article  of  the  supplemen- 
tary articles  of  the  treaty  of  1835,  between  the  Cherokee  Indians 
and  the  United  States,  and  for  the  further  object  of  aiding  in  the 
subsistence  of  said  Indians  for  one  year  after  their  removal  west: 
Provided,  That  no  part  of  the  said  sum  of  money  shall  be  deducted 
from  the  five  millions  stipulated  to  be  paid  to  said  Indians  by  said 
treaty."  A  hundred  thousand  dollars  were,  at  the  same  time,  ap- 
propriated "  for  satisfying  all  claims  for  arrearages  of  annuities, 
for  supplying  blankets  and  other  articles  of  clothing  for  the  poorer 
classes  of  Cherokees  who  are  not  able  to  supply  themselves,  and 
for  medicines  and  medical  assistance,  and  for  such  other  purposes 
as  the  President  shall  deem  proper  to  facilitate  the  removal  of  the 
Cherokees." 

Thus,  to  the  $5,000,000  granted  to  the  Cherokees  by  the  first 
article  of  the  treaty  of  1835  for  all  their  lands  and  possessions 
east  of  the  Mississippi,  the  United  States  afterwards  added  the 
further  sum  of  $1,647,067,  making  in  all  $6,647,067.  The  $5,000,- 
000  was  liable  for  all  the  objects  enumerated  in  the  15th  article  of 
the  treaty,  except  spoliations,  viz:  improvements,  ferries,  removal, 
subsistence,  debts  and  claims  against  the  Cherokee  nation,  the 
amount  to  be  deducted  for  the  additional  quantity  of  lands  to  be 
given  to  the  Cherokees  west  of  the  Mississippi,  and  the  amounts  to 
be  invested  as  a  national  fund.  The  $60U,000  granted  by  the  3d 
article  of  the  supplement  was  to  be  in  lieu  of  the  rights  to  pre- 
emptions and  reservations  provided  for  in  the  12  h  and  13th  arti- 
cles of  the  treaty,  and  declared  void  by  the  first  article  of  the  sup- 
plement, and,  of  the  $300,000  stipulated  for  spoliations  by  the  first 
article  of  the  treaty,  was  to  be  applicable  to  the  expenses  of  re- 
moval, and  was  to  include  "  all  claims  of  every  nature  and  descrip- 


Ex.  Doc.  No.  65.  7 

• 

tion,  against  the  government  of  the  Uniterl  States,  not  herein 
otherwise  expressly  provided  for."  The  $1,047,067  was  to  be  "  in 
full  for  all  objects  specified  in  the  third  article"  of  the  supplement, 
and  for  the  additional  purpose  of  aiding  in  the  subsistence  of  the 
Cherokees  for  one  year  after  their  removal.  With  respect  to  the 
objects  to  which  the  $5,000,000  was  applicable,  there  can  be  no 
question,  as  they  are  specifically  named;  but  about  those  embraced 
in  the  $1,647,067,  and  the  intention  and  effect  of  the  grant  of  this 
additional  sum,  there  has  been,  in  the  minds  of  many,  much  doubt 
and  misunderstanding.  It  has  been  contended  that,  in  making  this 
grant,  the  United  States  assumed  the  whole  expense  of  the  removal 
and  subsistence  of  the  Cherokees,  and  thereby  relieved  the  five 
million  fund  from  any  charge  for  those  objects.  This,  however, 
was  not  the  case,  and  has  never  been  so  considered  by  the  depart- 
ment. 

The  question  was  raised  whether  the  spoliations,  the  cost  of  re- 
moval, and  claims  which  many  of  the  Cherokees  had  against  the 
United  States,  were  to  be  paid  for  out  of  the  consideration  money 
for  the  landt:.  This  question  having  been  submitted  t.)  the  Senate, 
it  was  agreed  to  allow  the  additional  sum  of  $600,000  towards  those 
objects,  and  in  lieu  of  the  annulled  grant  of  pre-emptions  and  reser- 
vations. This  was  not  an  assumption  by  the  government  of  the 
whole  cost  of  removal  and  of  all  the  spoliation  and  other  claims 
against  the  United  States,  but  only  an  extension  and  increase  of 
the  consideration  money,  with  reference  to  those  objects.  Had 
the  former  been  intended,  an  estimate  would  have  been  made  of  the 
probable  cost  of  removal,  and  of  the  probable  amount  of  the  claims, 
(except  the  spoliations,  which  were  limited  by  the  treaty  to 
$300,000,)  in  order  that  the  additional  amount  to  be  allowed  might 
be  made  to  embrace  all;  but  this  was  not  done. 

It  was  a  compromise  between  the  government  and  the  Cherokees, 
by  which  matters  in  dispute  were  finally  arranged  and  settled;  the 
latter  contending  that  the  former  should  pay  the  amount  fixed  upon 
for  the  spoliation  claims,  over  and  above  the  sum  agreed  upon 
for  the  lands,  and  giving  up,  for  a  further  pecuniary  consideration, 
the  right  to  pre-emptions,  and  the  grant  of  reservations,  and 
all  other  claims  "not  hesein  otherwise  expressly  provided  for,"  and 
the  government  agreeing  to  add  a  further  sum  for  these  objects,  and 
to  aid  in  defraying  the  expense  of  removal.  It  was,  in  effect,  an 
increase  of  the  consideration  money  granted,  and  an  addition 
of  other  objects  to  those  specified  in  the  15th  article  of  the  treaty, 
to  be  paid  for  by  the  Cherokees  out  of  that  consideration.  On  this 
point,  and  as  to  the  object  and  intent  of  the  further  allowance  of 
$1,047,067,  made  by  the  act  of  June  12th,  1838,  without  adverting 
to  ocher  ample  evidsnce  to  the  bame  effect,  it  is  deemed  sufficient  to 
present  the  following  views  of  the  commissioners  appointed  by  the 
President,  in  July,  1846,  to  inquire  into  the  difficulties  then 
existing  among  the  Cherokees,  and  all  matters  in  dispute  between 
them  and  the  United  States;  who,  under  a  subsequent  appointment, 
negotiated  the  treaty  of  1S46,  and  whose  report  and  conclusions,  in 
a  great  measure,  foimed  the  basis  of  that  treaty. 


8  Ex.  Doc.  No.  65, 

Those  commissioners  say,  "that  nothing  more  was  intended  to  be 
paid  by  the  United  States  tor  the  possessions  of  the  Cherokees,  east 
of  the  Mississippi,  than  the  sum  of  $5,000,000,  is  rendered  certain 
by  the  letter  of  General  Cass,  Secretary  of  War,  dated  March  7, 
1835,  in  reply  to  the  delegation  headed  by  John  Ross.  That  dele- 
gation, under  date  of  March  6,  1835,  inquire  of  General  Cass, 
'whether  we  are  to  understand  from  your  communication  of  this 
date,  that  the  five  millions  resolved  by  the  Senate  should  be  paid 
to  the  Cherokee  Indians  for  all  their  land  and  possessions  east 
of  the  Mississippi  river,  as  embracing  also  the  expenses  of  trans- 
portation and  subsistence  in  removal,  and  for  subsistence  for  twelve 
months  after  their  arrival  at  their  new  homes,  for  blankets,  guns, 
&c;  or  whether  that  sum  is  an  offer,  as  really  appears  from  the  res- 
olution to  be,  only  for  the  extinguishment  of  the  Cherokee  title  to 
lands  east  of  the  Mississippi  river,  and  for  the  houses  and  improve- 
ments of  the  Cherokee  inhabitants  situated  thereon;  and  that  the 
United  States  will  in  addition  p2y  the  expenses  of  transportation 
and  subsistence  in  their  removal,'  &c.  To  which  General  Cass  re- 
plied, that  'the  sum  of  $5,000,000  which  is  offered  for  your  claims 
east  of  the  Mississippi  will,  as  I  have  already  informed  you,  be  in 
full  for  your  entire,  cession.  The  application  of  it  will  be  such  as 
you  desire;  a  just  regard  being  had  to  individual  rights.  Nothing 
more  will  be  paid  for  removal,  or  for  any  other  purpose  or  object 
whatever.  In  giving  to  you  the  full  value  of  your  property, 
the  United  States  comply  with  all  the  demands  of  justice  upon 
them.' 

"Thus,  so  far,  there  could  be  no  misunderstanding  as  to  the  pur- 
poses of  the  United  States,  in  reference  to  the  amount,  to  be  paid 
for  the  lands  of  the  Cherokees  east  of  the  Mississippi,  nor  as  to  the 
objects  to  which  it  was  to  be  appropriated. 

"  The  talk  sent  by  General  Jackson  to  the  Cherokee  people,  un- 
der date  of  March  16,  1835,  takes  the  same  view  of  the  subject, 
and  mentions  generally  the  objects  to  which  the  money  is  appro- 
priated. (See  House  doc.  286,  1.  ses.  24.  Cong.,  pp.  41,  42,  and  43.) 
"  We  have  thus  shown  what  v:as  the  understanding  of  the  parties 
in  reference  to  the  matter  prior  to  the  treaty  of  1835.  We  now 
come  to  the  treaty,  and  we  find  the  same  understanding  substan- 
tially recognized,  although  varied  in  some  not  essential  particu- 
lars. In  the  15th  article  of  that  treaty  it  is  expressly  acknow- 
ledged and  agreed  that  '  the  amount  which  shall  be  actually  ex- 
pended for  the  payment  for  improvements,  ferries,  claims  for  spo- 
liations, removal,  subsistence,  debts,  and  claims  upon  the  Chero- 
kee nation,  and  for  the  additional  quantity  of  lands,  [the  800,000 
acres  to  be  added  to  the  country  west  of  the  Mississippi,]  and  goods 
for  the  poorer  classes  of  Cherokees,  and  the  several  sums  to  be  in- 
vested for  the  general  national  funds,  provided  for  in  the  several 
articles  of  this  treaty,' shall  be  deducted  from  the  purchase  money, 
and  the  balance,  whatever  it  may  be,  shall  be  divided  equally  be- 
tween all  the  people  belonging  to  the  Cherokee  nation  east,  accord- 
ing to  the  census  then  just  completed. 

"An  additional  sum  of  $600,000  was  added  to  the  $5,000,000  by 


Ex.  Doc.  No.  65.  9 

the  third  supplemental  article  of  the  treaty;  and  the  further  sum 
of  $1,047,067,  appropriated  by  the  act  of  June  12,  1838,  for  re- 
movals, subsistence,  &c,  as  before  stated,  all  which  constituted 
one  general  sum  of  $6,647,067,  upon  which  the  sums  expended  for 
the  objects  recapitulated  in  the  loth  article  of  the  treaty  were 
chargeable. 

".It  is  now  argued  by  the  counsel  for  the  western  portion  of  the 
Cherokee  people,  including  the  Ross  and  treaty  parties,  that,  inas- 
much as  the  sum  o'  $1,047,067,  appropriated  by  the  act  of  June  12, 
1838,  was  given  by  Congress  for  removal  and  subsistence,  the 
United  States  thereby  assumed  those  two  items  of  expenditure,  and 
of  course,  relieved  the  five  million  fund  from  any  charge  for  those 
two  objects. 

"  To  put  an  end  forever  to  that  argument,  the  undersigned  copy 
from  the  report  of  Judge  White,  Senate  doc.  466,  2d  sess.  25.  Cong., 
before  referred  to,  the  following  extract: 

"They  believe  the  five  millions  of  dollars,  given  by  the  treaty, 
as  the  difference  in  value  between  the  countries  exchanged,  and  the 
six  hundred  thousand  dollars  before  mentioned,  allowed  for  spolia- 
lions,  and  as  a  fund  for  removal,  constitute  a  very  liberal  consider- 
ation on  the  part  of  the  federal  government;  yet  the  committee 
would  feel  much  better  satisfied  that  too  much  should  be  done  for 
the  Cherokees  than  too  little.  If,  therefore,  the  voluntary  grant 
of  an  additional  sum  of  money  can  be  made  a  means  of  hastening 
their  removal  to  their  new  homes,  of  dispensing  with  the  use  of  a 
large  military  force,  and  of  insuring  confidence  in  the  justice  of 
the  government,  and  of  restoring  harmony  and  good  feelings,  they 
believe  economy,  humanity  and  peace  will  be  best  consulted  by 
making  such  grant. 

"  With  a  view  to  attain  these  objects,  the  committee  would  re- 
spectfully recommend  to  the  Senate  that,  in  the  passing  of  some 
appropriation  bill  still  to  be  acted  on,  an  item  be  inserted  placing 
a  reasonable  sum  of  money  at  the  disposal  of  the  Executive." 

"Thus  it  appears  that  the  large  appropriation  of  $1,047,067  was 
a  '  voluntary  grantf  made  for  the  purpose  of  hastening  the 
removal  of  the  Indians,  of  dispensing  with  the  large  military  force 
employed  in  that  country,  and  restoring  harmony  and  good  feelings 
between  all  parties,  and  not  for  the  pirpose  contended  for" by  the 
counsel. 

"The  expenditures  specified  in  the  15th  article  are,  therefore, 
justly  chargeable  upon  the  treaty  fund." 

As  the  treaty  of  1835  stood,  prior  to  the  adoption  of  the  supple- 
ment, the  expenditures  for  all  the  objects  provided  for  in  it  were 
to  be  paid  out  of  the  consideration  money  granted  the  Cherokees, 
as  stipulated  in  the  15th  article,   except  the  following: 

1.  Extinguishment  of  title  to  reservations  within  the  country 
■west  assigned  the  Cherokees,  granted  to  certain  half  breeds  in 
the  Osage  treaty  of  1835,  4th  article,  1st  clause  treaty  of  l835-'6. 

2.  Valuation  to  be  made  of  improvements  on  Union  and  Harmony 
missionary  reservations,  same  article,  2d  clause. 


10  Ex.  Doc.  No.  65. 

3.  Commutation  of  permanent  annuity  of  $10,000,  11th  article. 

4.  For  certain  reservations  obtained  under  former  treaties,  per 
13th  article,  viz: 

1.  Value,  as  unimproved  lands,  of  those  which  had  been  sold  by 
the  United  States;  of  this  class,  there  were  none. 

2.  Value  of  those  which  the  owners  were  obliged  by  State  laws 
to  abandon. 

3.  Where  they  had  purchased  them  back  from  the  States,  the 
amount  paid  the  States  therefor,  with  interest  thereon,  was  to  be 
paid  their  owners. 

4.  The  reservations  which  they  had  properly  acquired  and  then 
held,  were  to  be  confirmed  to  those  owning  them. 

5.  Pensions  to  warriors  on  the  side  of  the  United  States  in  the 
late  war  with  Great  Britain,  14th  article. 

6.  Losses  and  damages  in  consequence  of  not  being  put  in  pos- 
session of  "  improvements  and  houses,"  of  which  the  owners  had 
been  dispossessed   prior  to  the  treaty,  16th  article. 

7.  Same  on  account  of  being  ousted,  after  the  date  of  the  ratifi- 
cation of  the  treaty  of  "possessions  and  property,"  in  the  "free 
use  and  occupation"  of  which  they  were  to  be  protected  for  two 
years  from  that  date,  during  which  they  were  to  remove,  same 
article;   to  which  the  5th  article  of  the  supplement  added, 

8.  Expenses  of  negotiating  the  treaty  and  supplement,  and  of 
the  delegation  of  Cherokees  which   signed  the  latter. 

It  may  be  said  that  it  was  not  stipulated  that  the  compensation 
to  the  committee  of  Cherokees,  provided  for  in  the  3d  clause  of 
the  12th  article,  was  to  be  paid,  out  of  the  consideration  money- 
True,  it  was  not  so  specifically  stipulated;  but,  as  has  been  repeat-, 
edly  decided  by  all  the  proper  authorities,  this  expense  was  clearly 
a  part  of  that  for  other  objects  so  stipulated.  The  committee 
acted  on  behalf  of  the  Cherokees  and  for  their  especial  benefit, 
and  were  of  great  advantage  to  them  in  aiding  to  protect  their 
funds  against  unjust  and  unfounded  claims,  towards  which  their 
individual  and  local  knowledge  essentially  aided.  All  claims  upon 
the  fund,  to  be  adjudicated  by  the  commissioners  under  the  17th 
article  of  the  treaty,  underwent  their  revision  and  scrutiny  before 
being  decided  by  those  commissioners,  especially  claims  to  im- 
provements, «Scc,  stipulated  io  be  paid  for  out  of  the  five  millions. 
They  were  not  agents  of  the  United  States,  but  of  the  Cherokees; 
their  compensation-was  a  part  of  the  expense  of  such  objects;  and, 
therefore,  clearly  payable  out  of  that  fund.  The  same  is  the  case 
with  respect  to  agents  and  interpreters  employed  to  value  the 
improvements;  their  compensation  was  a  part  of  the  expense  of 
ascertaining  such  value;  and  with  it,  as  also  repeatedly  decided, 
properly  payable  out  of  the  fund.  So  with  regard  to  superinten- 
dents of  emigration,  and  agents  and  interpreters  employed  in 
collecting  and  removing  the  Indians,  and  in  subsisting  them  when 
collected  on  the  route,  and  for  a  year  west.  Their  compensation 
,  was  a  necessary  part  of  the  expense  of  removal  and  subsistence, 
which  was  to  be  borne  by  the  Cherokees  themselves  out  of  their 
own  funds.     They  were  agents,  &c,  of  or  for  the  Cherokees,  like 


Ex.  Doc.  No.  65. 


11 


the  Cherokee  committee,  valuing  agents,  &c,  and  not  of  the  United 
States.  The  same  view  might,  to  some  extent,  be  taken  with 
respect  to  the  commissioners,  under  the  17th  article  of  the  treaty, 
to  examine  and  settle  claims  against  the  treaty  fund,  and  against 
individual  Oaerokees,  payable  out  of  the  amount  allowed  for  their 
improvements  and  ferries;  but  as  it  was  also  their  province  to 
examine  claims  for  reservations,  and  to  decide  upon  their  value, 
payable  by  the  United  States,  the  government,  at  an  early  period, 
determined  to  assume  and  pay  their  compensation,  and  that  of  their 
secretary  and  interpreter,  and  this  determination  has  been  con- 
formed to  throughout.  How  was  this  understanding  as  to  expen- 
ditures, payable,  respectively,  by  the  Cherokees,  out  of  the  con- 
sideration given  them  for  the  exchange  of  lands,  and  by  the 
government  out  of'  its  funds,  affected  and  changed  by  the  supple- 
ment and  the  act  of  June  12,  1838,  appropriating  the  additional 
sum  of  $1,047,067,  which  act  may  be  considered  as  an  enlargement 
of  the  supplement,  and,  in  fact,  as  a  part  of  it  1 

The  first  article  of  the  supplement  annulled  the  pre-emption  rights 
stipulated  in  the  12th  article  of  the  treaty,  and  the  grant  cf  reserva- 
tions in  the  13th  article;  thus  adding  another  class  of  reservations 
to  those  to  be  paid  for.  The  third  article  relieved  the' $5,000,000 
fund  of  the  charge  for  spoliations,  and  allowed  the  additional 
sum  of  ^600,000  to  include  spoliation,  to  be  in  lieu  of  the  pre-emp- 
tions and  reservations  annulled  in  the  1st  article;  to  be  applied  to- 
wards the  expenses  of  removal,  and  to  include  "all  claims  of  every 
nature  and  description  against  the  government  of  the  United  States, 
not  herein  otherwise  expressly  provided  for." 

In  the  voluntary  grant  of  the  $15047,067,  made  by  the  act  of  June 
12,  1833,  the  $5,000,000  was  further  partially  relieved,  by  its  be- 
ing provided  that  a  portion  of  that  sum  was  to  aid  in  the  expense 
of  subsisting  the  Cherokees  for  one  year  after  their  arrival  west  ; 
otherwise,  it  was  for  the  objects  specified  ill  the  third  article  of  the 
supplement,  and  to  be  in  full  for  them. 

Of  the  objects  which,  by  the  treaty  itself,  as  it  stood  prior  to  the 
supplement,  were  to  be  paid  for  by  the  United  States,  those  em- 
braced under  the  1st,  2d,  3d,  5th,  and  8th  heads  of  the  preceeding 
classification  thereof  were  provided  for,  and  paid  out  of  separate  or 
special  appropriations.  Did  the  supplement,  and  the  additional 
sums  granted  by  it,  and  the  act  of  July  12,  1838,  in  all  $1,647,067, 
include  and  make  provision  for  these  under  the  4th,  6th,  and  7th 
heads  of  that  classification?  It  appears  clearly  to  have  been  so  deci- 
ded, both  by  the  Executive  and  Congress.  On  this  point,  and  on  the 
subject  of  the  properconstruction  of  the  treaty  generally,  especially 
with  reference  to  expenditures,  see  the  able  and  elaborate  report  of 
my  predecessor  to  the  Secretary  of  War,  dated  November  29,  1839, 
from  which  pertinent  extracts  might  be  taken,  but  that  it  may  easily 
be  consulted,  (see  reports  House  of  Representatives,  1st  session,  28th 
Congress,  No.  391,  pages  26  to  38,)  and  that  I  am  desirous  to  make 
this  exposition  as  brief  as  is  compatible  with  doing  justice  to  the 


perplexed  and  important  subject  to  which  it  relates. 

It  will  be  seen  from  this  document,  page  23,  that,  by  th 


e  instruc- 


12  Ex.  Doc.  No.  65, 

tions    to    the    second  board  of   commissioners  appointed  under  the 
l^th  article  of  the  treaty  of  1835,  they  were  not  to  issue  certificates 
for  the  amounts  allowed  by  them,  as  it  was  apprehended  there  might 
be  a  deficiency  in  the  funds  on  hand  to  meet  the  entire  amount  of 
the  allowances;  but  they  were  first  to  report  the  cases  decided  to 
the  department  in  order,  in  that  event,  that  there  might  be  a  proper 
rateable    division   of  the  funds  among  the  claimants.      On  a  review 
of  the  decisions  of  the  commissioners, in  the  cases  so  reported,  the 
department  was  of  opinion  that  they  had  acted  upon  some  of  which 
they    had    no   jurisdiction,  and    in   others  had  manifestly  made  im- 
proper allowances  for  which  the  funds  were  not  liable;  and  in  such 
cases    it    declined    to    confirm    and    carry  out  their  decisions.     The 
claimants  appealed  to  Congress,  and  the  whole  subject  of  the  juris- 
diction   of  the  commissioners,  and  the  obligation  of  the  Executive 
to  pay  their  awards  out  of  the  funds  on   hand  was  fully  and  elabo- 
rately examined  and  reported  upon  by  a    committee  of  the  House, 
whose  report  (391)  is  part  of  the   document  above  referred  to.      At 
the   preceding  session    a 'joint  resolution  had  passed  both  Houses, 
directing  the  payment  of  the  awards  of  the  commissioners.  '  This 
resolution   was   not   signed   by  the  President,  because,  as  stated  by 
him,  u  the  balance  of  the  fund  provided  by  Congress  for  satisfying 
claims,  under    the   17th  article  of  the  Cherokee  treaty,  referred  to 
in    the    resolution,   is   wholly    insufficient    to    meet  the  claims  still 
pending.     To   direct  the  payment,  therefore,  of  the  whole  amount 
of  those  claims  which  happened  to  be  first  adjudicated,  would  pre- 
vent a  rateable  distribution  of  the  fund  among  those  equally  entitled 
to    its    benefits.     Such   a    violation    of  the  individual  rights  of  the 
claimants    would    impose  upon    the   government  the  obligation    of 
making   further  appropriations    to    indemnify  them,  and  thus  Con- 
gress would  be  obliged  to  enlarge  a  provision,  liberal  and  equitable,, 
which  it  had  made  for  the  satisfaction  of  all  the  demands  of  the  Chero- 
keesP     Congress,  however,  differed  in  opinion  with  the  President, 
as  to  the  propriety  of  withholding  payment  until  all  the  claims  had 
been  decided,  and,  upon  the  report  referred  to,  re-enacted  the  joint 
resolution  directing  the  payment  of  the  awards  of  the  commissioners 
out  of  the  funds  on  hand.     The   commission   having  by  this   time 
been    terminated,    and    the   amounts  allowed  by  them  being  ascer- 
tained to  be  less  than  the  balance  on  hand,  the  objection  ur(ied  by 
the  President  against  the  former  resolution  no  longer  existed,  and 
the  second  was  therefore  signed  by   him.     These   awards    were  for 
claims    of  various   kinds,  and  embraced  among  others  those  of  the 
classes   which,    by    the    treaty,  were  to   be  paid  for  by  the  United 
States.    In  like  manner  a  joint  resolution  has  been  passed  during  the 
present  session  of  Congress,  directing  that  the  claim  of  Betsey  Mcin- 
tosh, a  Cherokee,  to  the  value  of  a  reservation  allowed  by  the  last 
board  of  commissioners,  under  the  17th  article  of  the  treaty  of  1835 -'6, 
should   be    paid    out   of  the  funds  on  hand,  thus  further  confirming 
the  construction  that  the  apprcpriations  which  have  been  made  em- 
braced   and    provided    for    the    objects    specially    stipulated  in  the 
treaty  to  be  paid  for  b)  the  Unitad  States.    Thus  it  appears  to  have 
been    conclusively    settled   that  the  additional  amount  allowed  by 


Ex.  Doc.  No.  65.  13 

the   supplement    and    the   act  of  June  12,  183S,  included  and  made 
provision   for   all  claims  against  the  United  States,  which  were  not 
otherwise   provided  for    by    separate    and    special    appropriations. 
The  reason    of  the  discrimination  in   the  manner   of   making  pro- 
vision for  claims  to  be  paid  by  the  United    States,  viz:   the  making 
special  appropriations  for  some  of  these  objects  and  Including  the 
others  in  the  general    amount  allowed  by  the  supplement,  (the  ap- 
propriation of  June  12,  1838,  being  considered  a  part  of  it,)  is  plain. 
The  pensions  were  obligations  upon  the  United  States  wholly  in- 
dependent of  the  treaty,  and,  as  such,  were  a    part  of  ou"-   general 
pension  system.     The   commutation  of  the  permanent  annuity  was 
also  an  extraneous  and  independent    matter,  having  no  necessary 
connexion  with   the  treaty — with  the  cession  of  the  lands  east,  the 
removal  of  the  Indians,  or  any  other  of  the  necessary  arrangements 
under  the  treaty.     It  was  simply  an  agreement  for  putting  in  a  dif- 
ferent shape  an  obligation  upon  the  government  under  other  treaties. 
In  regard  to  the    other  two  items,  the  Osage  reservations  and  the 
missionary  improvements,  the  amount  in  the  one  case  was  known, 
and  in  the  other  could   easily  and  soon  be   ascertained.     They  had 
no  connexion  with  the  great  object  of  the  treaty — emigration — and 
could  in  no  way  interfere  with  it.     This  was  not  the  case  with  the 
other  items — reservations,  and  losses,  and   damages.     The  amounts 
required  for  these  were  uncertain  and  unknown ;  no  estimate  could 
be  made,  and  no  appropriation  asked    for  them.     Their  settlement 
and  payment  had  an    immediate  and    important  bearing    upon  the 
policy  of  emigration,  which  it    was  all  important  should    go  on  as 
rapidly  as  possible,  in  order  that  the  general  government  might  be 
relieved,  at  as  early  a  period  as  practicable,  from  the  embarrassing 
position  in    which  it    was  placed  towards  the  States   where  the  In- 
dians   were;  a    position    which    had    been    extremely    critical,   and 
which  had,  at  one  time,  involved  the  most  momentous  consequences. 
The  Indians  could  not  be  expected  to  remove  until  their  reserva- 
tions, and  losses,  and  damages,  were    ascertained  and   settled.      To 
ascertain  the  amounts  required   for  them,  and  then   obtain  the  ne- 
cessary appropriations,  would  have  produced  much  delay,  which  it 
was  of  great  importance  to  avoid,  in  order  that  the   Indians   might 
remove  at    once.      Hence,  under  these    circumstances,  and  like  the 
pre-emptions  and  reservations,  which  were  to  have  been  confirmed, 
they   were    compromised   and  provided  for    in  the   $600,000    addi- 
tional allowed  by  the  30th  article  of    the  supplement,  increased  by 
the    further    grant    in    the    appropriation    act    of    June,    183S,    to 
$1,647,067.     And  hence  the  general  and  comprehensive  provision 
in  that  article,  t.*at  that   sum  was  to    "include  all  claims  of  every 
nature  and  description  against  the  government  of  the  United  States 
not  herein  otherwise  expressly   provided  for;"   that  is,  not  other- 
wise   provided.for   in  the  supplement,  as   was  specially  done    with 
respect  to  claims  of  several  descriptions;  the  object  being  to  make 
provision  at  once  for  all  claims  having  any  bearing  upon  the  policy 
of  early  emigration,  or  in  any  way  likely  to  interfere  with  it. 

Upon    the    construction    and    principles   thus   set  forth,  a  proper 
settlement    under  the   treaty  of  1835-'6  would   be   as  follows,  ar- 


14  Ex.  Doc.  No.  65. 

ranging  separately,  1st,  the  consideration  for  the  lands  east  stipu- 
lated by  the  treaty,  and  2d,  the  additional*  amount  granted  by  the 
supplement  and  the  act  of  June  12,  1838,  and  the  items  properly 
payable  out  of  them  respectively,  viz: 

1.   Consideration  stipulated  for  the  lands  east $5,000,000  00> 

From   which    deduct  the  following  charges  there- 
upon: 

Amount  allowed  the  United  States 
for  the  additional  800,000  acres  of 
land  west $500,000  00' 

Amount  allowed,  as  the  value  of  im- 
provements and  ferries,  by  the 
commissioners,  under  the  17th  ar- 
ticle, including  the  expense  of 
valuing  agents,  and  other  neces- 
sary incidental  expenses 1,737,567  23 

So  much  of  amount  expended  for 
and  on  account  of  removal  and 
subsistence,  including  necessary 
incidental  expenses  of  enrolling 
agents,  conductors,    commissaries, 

interpreters,  &c 1,979,198  94 

Amount  of  claims  of  citizens  of 
the  United  States  against  the  Cher- 
okee nation,  awarded  by  the  com- 
missioners, under  the  17th   article  59,574  25 

Amount  of  claims  of  Cnerokees 
against  the  same,  in  the  form  of 
national  due-bills,  or  debts, award- 
ed by  same  commissioners 17,561  41 

Amount  invested  for  the  general  na- 
tional funds 500,000  00 

Amount  of  compensation  paid  to  the 
Cherokee  committee,  provided  for 


under  12th  article 22,026  89 


4,815,928  72 


Balance 184 ,071  2S 


2.  Additional    amount   allowed   by  supplement  and 

act  of  June  12,  1838 $1,617,067  00 

From  which  deduct  the  following: 

Amount  allowed  for  reservations  of 
all  classes  by  commissioners,  un- 
der 17th  article $256,440  01e 

Amount  allowed  by  commissioners 
for  spoliations  of  all  kinds, includ- 
ing1'rents  "or  damages  for  dis- 
possession   of    property    and    im- 


Ex.  Doc.  No.  65.  15 


provements,  being  amount  for 
which  it  was  determined  the  same 
would  have  rented  during  the  pe- 
riod of  dispossession,  and  includ- 
ing, also,  the  amount  of  damages 
allowed  Cherokees  in  consequence 
of  dispossession  within  two  years 
after  the  ratification  of  treaty,  du- 
ring which  the  Indians  were  to  -be 
permitted  to  remain 438,095  35 

Amount   allowed    by    commissioners 

for  pre-emptions 15,589  00 

For  and  on  account  of  removal  and 

subsistence 935,942  64 


$1,647,067  00 


The  amount  on  account  of  dispossession  within  the  two  years 
after  the  ratification  of  the  treaty,  included  in  the  above  sura  of 
$439,095  35,  is  $47,596  10,  the  greater  portion  of  which  is  believed 
to  have  been  improperly  allowed,  though  the  Indians  insisted  upon 
it.  They  were  not  actually  dispossessed;  their  improvements 
would  be  valued,  say  at  an  early  period  within  the  two  years,  and 
they  would  receive  the  value,  and  relinquished  them  and  remove 
west.  They  no  longer  had  any  right  to  them,  after  having  been 
paid  for  them,  and  yet  the  commissioners  appear  to  have  allowed 
them,  in  addition  to  their  value,  the  amount  which  it  was  estimated 
the  possession  of  them  would  have  been  worth  during  the  whole  of 
the  remainder  of  the  two  years. 

From  the  foregoing  statement  are  excluded  certain  expenditures 
for  extraneous  objects,  arising  in  the  course  of  the  execution  of 
the  treaty,  which  were  improperly  charged  to  the  funds  under  and 
appropriated  to  carry  it  into  effect.     They  are  as  follows,  viz: 

Amount  paid  for  improvements  abandoned  under  treaty 
of  1828,  wTbich  should  have  been  taken  out  of  appro- 
priation made  therefor,  in  June,  1834 $330  26 

Amount  to  Dr.  Hetzel  for  medical  services,  which  should 
have  been  paid  from  appropriation  of  $100,000  for 
that  and  other  objects,  made  June  12,  1838 744  00 

Amount  paid  for  benefit  of  poorer  classes  of  Cherokees, 
provisions,  clothing,  &c,  which  should  have  been 
charged  to  above  mentioned  appropriation  of  $100,000  40,644  74 

Amount  paid  to   John    Smith    and    James  Rugers,  dele- 
gates from   the  western   Cherokees,  present  at  the  ne-   , 
gotiation  of  treaty  of   l835-'36,  for  their  trouble  and 
expenses 1 ,500  00 

43,219  10 


According,  therefore,  to  a  "  just  and  fair  settlement,"  under  the 
treaty  of  1835-'36,  upon   principles    recognized  and   acted   on    by 


18  Ex.  Doc.  No.  65. 

both  Congress  and  the  Executive,  the  amount  left  for  per  capita 
distribution  to  all  the  Cherokees  residing  east,  at  the  date  of  that 
treaty,  is  $184,071  28.  The  Cherokees  generally  have,  no  doubt, 
been  led  to  expect  a  much  larger  amount,  and  will,  consequently, 
be  somewhat  disappointed  at  the  result.  Their  erroneous  expecta- 
tions have  arisen  from  the  actual  and  proper  state  of  accounts,  and 
the  proper  principles  of  settlement,  not  having  been  known  and. 
understood,  and  from  the  consequent  inaccurate  representations 
which  have  been  made  upon  the  subject. 

The  fact  has  also  probably  been  lost  sight  of,  that  the  greater 
proportion  of  those  entitled  to  this  per  capita  distribution  have  re- 
ceived it,  or  the  benefit  of  a  considerable  amount  of  the  funds  in- 
tended for  it,  in  another  form.  A  brief  recapitulation  of  the  facts 
will  show  that  this  has  been  the  case;  and  that,  under  the  circum- 
stances, the  government  is  in  no  way  responsible  for  the  result, 
unsatisfactory  though  it  may  be;  it  having  been  brought  about  by 
themselves,  or  the  majority  of  them. 

It  is  well  known  that  the  majority  of  the  Cherokees,  acting  un- 
der the  influence  and  advice  of  their  head  men,  were  greatly  averse 
to  emigration;  they  resisted  every  argument  and    every  persuasive 
means  that  could  be  used  to  induce  them  to  remove,  in  accordance 
with  the  treaty,  which  they  were  told  was  the  law  of  the  land,  and 
which,  therefore,  the  Executive  was   bound  to  enforce.     They  op- 
posed every  effort  till  the  last  moment  they  could  be   permitted  to 
remain,  when,  in  order  to  carry  out  the    obligations    of  the    treaty, 
to  fulfil  the  just  expectations  of  the    States    in    which    they   were, 
and  to  prevent  collisions,  and    possibly    bloodshed,  between  them 
and  our  own  citizens,  the  government  was    compelled,   at    a  heavy 
expense,  to  send  a  considerable  military  force  into  the  country  oc- 
cupied by  them,  in  order  to  accomplish  their  removal.     This  mea- 
sure had  its  effect;  but  from  the  operation  of  the   same    influences, 
the  Indians  were   still    averse    to    being    removed    by   government 
agency.     They    preferred    an    arrangement    for    emigrating    them- 
selves, and  made  a  proposition    to    that    effect    to    Major  General 
Scott,  who  was  in  command  of  the  troops,  and    was    charged  with 
the  removal  of  the  Cherokees.     They    proposed    to    undertake  the 
whole   business  of  emigrating    their    own    people,  at    the    rate    of 
$65,880  for  every  one  thousand    removed.      This  General  Scott  re- 
garded as  extravagant,  and  he  requested  them    to    reconsider  their 
proposition,  telling  them  li  that  the  whole  expense    of    emigration. 
is  to  be  paid  out  of  the  appropriations  already  made   by  Congress, 
the  general  surplus  of  which  is  to  go  to    the    Cherokee    nation    in 
various  forms;"   and  that  they  had,    therefore,  "  a    direct    general 
interest  i«n  conducting  the  movement  as    economically    as    circum- 
stances   will    permit."     Instead    of   reducing,    they    increased    the 
amount;  whereupon  General  Scott  said  to  them,  "  I  perceive,  that 
after  a  full  consideration,  you  adhere  to  the  calculation  of  $65,880, 
with  a  slight  addition  for  soap,  for  the  comfortable  emigration  by  land 
of  every  thousand  Cherokees  from  this  to  their  new  country  west  of 
the  Mississippi;  as  the  Cherokee  people  are  exclusively  interested  in 
the  cost  as  well  as  the  comfort  of  the  removal,  I  do  not  feel  at  lib- 


Ex.  Doc.  No.  65.  IT 

erty  to  withhold    ray  sanction."     The    Secretary  or   War,  in  reply 
to  General  Scott  upon  the  subject,  took  the  same  view;   he  was  of 
opinion  that  the   amount  was  "  very  extravagant;"   that  thirty  dol- 
lars per  head  had  been  regarded  as"  sufficient,  and    that    "whatever 
sum,  over  and  above  this  amount,  that  may    be    expended    for  this 
purpose,  (removal.)  will   have  to    be    deducted    from    the  original 
purchase   money  agreed    to    be    paid   them    by  the    treaty    of  New 
Echota,  (the  five. millions,)  and  this  must  be  fully  explained  to  the 
chiefs  and  head  men,  and  ought  to  be   understood    by  the    nation-" 
t  the  executive  could   not    recommend    to    Congress    to  increase 
the  appropriations  made,  "believing,  as  it  does,  the  amount  already 
en  to  be  sufficient  for    the    objects   proposed."     The  Cherokees 
would  agree  to   no    more    economical    arrangement;  and    as  it  ap- 
ired  to  be  the   only  way   of  effecting  a    general    and  satisfactory 
emigration,  it  not  of  avoiding  the    use    of  military    force    and   the 
usion  of  blood,  the  arrangement  was  agreed  to  and   carried    out. 
Some  time  after  the    emigration    had  been    completed,  Mr.  John 
Ross,  who  was  at  the  head   of  the   committee  that  entered  into  the 
arrangement  with  General  Scott,  presented   a  claim  for  the  alleged 
cost  of  emigrating   the  Cherokees,  under    that    arrangement,   over 
ar-d    above    the    amount    stipulated,  amounting  to   the  large  sum  of 
1 ,316  SSA.      This  claim    was    fully    examined    into   and  rejected 
by  the  Commissioner  of  Indian  Affairs,  Mr.  Crawford,  and  the  Sec- 
retary of  War,  Mr.  Poinsett.     An    appeal    was    taken  to  the  Presi- 
dent, Mr.  Van  Buren,  who  thought  that,  on  proper  evidence  of  ex- 
penditure, the  sum  of  $94,406  68,  or  so  much  of  it  as  was  support- 
ed   by    proper    vouchers,    might,  in    equity,  be    allowed   and    paid. 
The  remainder   he  rejected   entirely;   and,    on  a  subsequent    appli- 
cation, he  stated  that  he  considered  his  previous  decision  final,  and 
refused  to -re--open  the    case.      (See    Report '  Committee   H.   R:  No. 
109S,  2d  session  27th  Congress.)     It  was  nevertheless  subsequently 
re  opened  by  another  Secretary  of  War,  and  the  whole  amount  al- 
lowed and  paid.      (See  same  document.)     It  will  be  seen,  however, 
that  this  allowance  and  payment  was  influenced  in  a  great  measure 
by  the  fact  stated    by  General  Scott,  that  Mr.  Ross  and  the  delega- 
tion charged  with  making  the  arrangements   for  the  removal,  were 
fully  apprised  that  any  excess  of  expenditure  incurred  therein  would 
be  a  charge  upon  the  nation,  and   by  the  circumstance  that  the  na-  * 
tional  counsel  authorised  Mr.  Ross   to  prosecute  the  claim  and   re- 
ceive   the    money   in    behalf  of  the    nation.      There  was  thus  paid, 
for  the    removal    of    about    13.149    Cherokees,    the   large    sum    of 
$1,357,745  92,  or  $103  25  and  a  fraction  for  each  individual,  man, 
woman  and  child.      Whether  this  sum  was  actually  absorbed   in  the 
mere  removal  of  the  Indians  or  not,  it  was    paid  on  the    demand   of 
the  Cherokees  themselves;  and  they  must    be  considered  as  having 
enjoyed  the  benefit  of  it,  in  that  or  some  other  way,  and  the  amount 
for  per  capita  distribution  was  thus  materially  diminished. 

1    deem   it   proper  also   to   state  here  that    the    amount   charged, 

in  the  foregoing  settlement,  for  removal   and   subsistence,  embraces 

the  sum  of  $172,346  47,  for  subsistence  for  five    additional    months 

beyond  the  one  year,  which  was  furnished  to  the  Cherokees,  under 

2 


18 


Ex.  Doc.  No.  65. 


circumstances  of  destitution  arid  necessity,  at  their  own  request  and 
upon  the  express  understanding  and  condition  that  the  same  was  to 
be  advanced  out  of  their  own  funds,  under  the  treaty  of  1835-'6S 
The  amount  for  per  capita  was  thus  still  further  reduced. 

By  the  9th  article  of  the  treaty  of  1846,  it  is  provided  that  "all 
the  investments  and  expenditures  which  are  properly  chargeable 
upon  the  sums  granted  in  the  treaty  of  1835,  amounting  in 
the  whole  to  Jive  millions  six  hundred  thousand  dollars ,  (which  in- 
vestments and  expenditures  are  particularly  enumerated  in  the 
15th  article  of  the  treaty  of  1835,)  shall  be  first  deducted  from  the 
said  aggregate  sum,  thus  ascertaining  the  residuum  or  amount  which 
would,  under  such  marshalling  of  accounts,  be  left  for  per  capita 
distribution  among  the  Cherokees,  emigrating  under  the  treaty  of 
1835;  excluding  all  extravagant  or  improper  expenditures,  and  then 
allow  to  the  old  settlers  (or  western  Cherokees)  a  sum  equal  to 
one-third  part  of  said  residuum,  to  be  distributed  per  capita  to  each 
individual  of  said  party  of  'old  settlers'  or  'western  Cherokees;'  " 
comprising  all  those  west  at  the  date  of  the  treaty  of  1835-'6.  In 
ascertaining  this  "residuum"  or  balance,  it  is  required  that,  instead 
of  the  amount  actually  paid  for  the  removal  and  subsistence  of  the 
Cherokees,  there  shall  be  deducted  only  the  sum  to  which  the 
expenditures  for  those  objects  would  have  amounted,  at  the  rates 
specified  in  the  8th  article  of  the  treaty  of  1835;  to  be  paid  as  a 
commutation  therefor  to  those  who  removed  and  subsisted  them- 
selves, viz:  $20  for  removal  and  $33  33  for  subsistence,  or  $53  33 
for  both. 

There  is  an  evident  inconsistency  in  that  portion  of  the  fourth 
article  above  quoted.  The  $5,000,000  was  granted  by  the  first  arti- 
cle of  the  treaty  of  1835,  and  the  $600,000  by  the  third  article  of 
its  supplement.  The  investments  and  expenditures,  enumerated  in 
the  15th  article  of  the  treaty,  do  not  embrace  all  that  are  properly 
chargeable  upon  those  sums;  for  the  3d  article  of  the  supplement 
specifically  provides  for  the  application  of  a  portion  of  the 
$600,000  to  objects  not  specified  in  the  15th  article  of  the  treat} ,  as 
has  already  been  shown.  "The  investments  and  expenditures  which 
are  properly  chargeable  upon"  the  $5,600,000,  cannot,  therefore,  be 
restricted  to  the  objects  "particularly  enumerated  in  the  15th  arti- 
cle of  the  treaty,"  but  must  be  regarded  as  including  all  for  which. 
"by  the  terms  of  the  treaty  and  the  supplement,  that  sum  was  inten- 
ded to  provide. 

The  settlement  with  the  old  settlers,  or  western  Cherokees,  would 
therefore  be  as  follows,  classifying  the  funds  and  the  objects  of 
expenditure  in  the  same  manner  as  that  already  adopted  in  making 
the  settlement  under  the  treaty  of  1835-36: 

1.   Consideration  for  the  lands  and  possessions  east     $5,000,000  00 

From  which  deduct  the  following: 

Consideration  for  the  800,000  addi- 
tional acres  of  land  west $500,000  00 


Ex.  Doc.  No.  65.  19 

Amount  allowed  for  improvements 
and  ferries  prior  to  the  date  of  the 
treaty  of  1846. 1,732,232  23 

Claims  of  citizens  of  the  United 
States  against  the  Cherokee  na- 
tion           59,574  25 

Claims      of     individual      Cherokees 

against  the  same 17,561  41 

Compensation  of  Cherokee  com- 
mittee    22,026  89 

Investments  as  national   funds 500,000  00 

On  account  of  removal  and  subsis- 
tence,   at    the  rate    of  $53  33  per 

head 909,313  34 

3,740,708  12 

Balance 1,259,291  88 


2.   Additional  amount  allowed  by   third    article   of 

supplement $600,000  00 

From  which  deduct  the  following: 

Spoliations,    including  "rents"    and 

damages,  as  previously   set   forth, 

allowed  prior  to  date  of  treaty   of 

1846 $434,861  85 

Reservations    allowed    for    prior    to 

same  date 116,882  50 

Pre-emptions   allowed    for    prior    to 

same  date 15 ,589  00 

For  and  on  account  of   removal  and 

subsistence 32,666  65 


—  600,000  00 

Thus  the  "residuum,"  ascertained  in  the  manner  directed  by  the 
treaty  of  1846,  is  $1,259,291  83;  of  which  the  old  settlers  are  en- 
titled to  one-third,  which  is  $419,763  96. 

This  amount,  according  to  the  fourth  article  of  that  treaty,  is  to 
be  paid  by  the  United  States  in  consideration  of  the  relinquish- 
ment, by  the  old  settlers,  of  the  interest  which  that  instrument  de- 
cided they  had  in  the  country  east,  but  which  interest  was  not  em- 
braced and  provided  for  by  the  treaty  of  1S36— '36.  This  will 
make  the  whole  cost  to  the  government  cf  the  purchase  of  the 
country  and  possessions  of  the  Cherokees  east,  exclusive  of  the 
value  of  the  country  given  them  west,  and  of  the  large  expendi- 
tures for  the  military  force  which  the  perverse  conduct  of  the 
Cherokees  rendered  it  necessary  to  send  into  their  country  to  re- 
move them,  the  enormous  sum   of  $7,539,065  44. 

Viz:   consideration  stipulated  by  the  treaty $5,000,000  00 

Additional  amount  granted  by  supplement 600,000  00- 


20  Ex.  Doc.  No.  65. 

Additional  amount  granted  by  act  of  June  12th,  183S~$1,047,067  00 

Expenditures  out  of  §100,000  appropriated  by  same 
act  for  provisions  and  clothing  for  poorer  classes 
of  Cherokees,  medical  attendance,  medicines,  and 
other  objects  for  facilitating  removal  of  Chero- 
kees   60,128  08 

Expense  of  negotiating  treaty  of  l835-r36,  and 
supplement,  and  of  delegation  of  Cherokees  to 
Washington,  who  signed  the  latter 37,080  97 

Extinguishment    of   title    to   Osage    reservations  in 

country  west 15,000  00 

Improvements  on    Union    and    Harmony  missionary 

reservations $25 ,000  00 

Extra  compensation  to.  General  Scott  for  his  services 

in  connexion   with  Cherokee  removal 1,952  00 

Compensation  of  the  several  boards  of  commission- 
ers, clerks,  and  interpreters,  and  contingent  ex- 
penses of  same 56,709  02 

Cost  of  surveying  and  fixing  boundaries  of  country 

west 6,699  24 

Expenditures  for  various  extraneous  objects  paid  out 
of  Cherokee  funds,  but  not  properly  chargeable 
thereto,  (and  not  so  charged  in  preceding  settle- 
ment,) and  which  will  therefore  have  to  be  re- 
funded by  the  United  States 43,219  00 

Amount  allowed  Clements,  Bryan  &  Co.,  under 
special  act  of  Congress  for  their  relief,  for  dama- 
ges on  account  of  their  contract  for  subsisting 
emigrating  Cherokees,  having  been  superseded  by 
the  arrangement  made  by  General  Scott  with  John 
Ross,  and  others 31,302  10 

Amount  allowed  by  Treasury  Department  to  Wil- 
liamson Smith  as  damages,  under  contract  for  re- 
moval of  Cherokees,  which  was  superseded  in  the 
same  way 51,700  42 

Amount  allowed  by  special  act  of  Congress  to 
Laagtry  &  Jenkins,  for  damages  arising  out  of 
supersedure,  in  same  way,  of  their  contract  for 
furnishing  emigrant  Cherokees  with  shoes 1,443,65  00 

Amount  of  special  allowances  already  paid,  made 
by  treaty  of  1846,  to  "government  party"  and 
"treaty  party"  of , Cherokees 142,000  00 

Amount  awarded  to  old  settlers 419,763  96 

$7,539,065  44 


This,  certainly,  is  a  far  greater  sum  than  it  was  ever  contem- 
plated when  the  treaty  of  1835-'6  was  made,  the  United  States, 
would  have  to  pay,  on  account  of  that  measure;  the  $5,000,000 
fixed  by  the  Senate    as  .the  value  of  the  country  and  possessions  of 


Ex.  Doc.  No.  65.  21 

the  Cherokees  east,  being  intended  to  embrace  the  whole  expense, 
except  a  moderate  amount  for  the  objects  which  it  Avas  stipulated 
in  the  treaty  the  government  was  to  pay  for  in  addition.  Accord- 
ing- to  that  understanding-  the  amount  should  have  been  under  six 
millions  of  dollars,  while,  if  the  large  expenditures  on  account  of 
the  military  force  which  had  to  be  sent  into  the  Cherokee  country 
were  included,  with  the  allowances  herein  made,  under  the  treaty 
of  1846,  the  whole  cost  would  not,  probably,  be  far,  if  any  thing, 
short  of  ten  millions  of-  dollars. 

I  now  proceed  to  state  the  result,  under  the  treaty  of  1846,  with 
reference  to  the  amounts  which  it  will  be  necessary  that  Congress 
appropriate  in  order  to  fulfil  the  stipulations  of  that  treaty,  accord- 
ing to  the  construction  herein  adopted. 

The  aggregate  balance  in  the  treasury  of  all  the  funds 
under  the  treaty  of  iSSo-^,  the  supplement  and 
the  appropriation  of  June  12,  1S38,  applicable  to 
objects  to  be  embraced  in  the  settlement  with  the 
Cherokees,  is < $58,670  48 

On  which  there  are  outstanding  demands  for  claims 
of  various  kinds,  allowed  by  the  commissioners  under 
the  17th  article  of  the  treaty  of  l835-'6,  and  for 
commutation  of  removal  and  subsistence,  which 
have  been   suspended  for  further  evidence  ..=.....        19,721  98 


Balance  applicable $38,948  50 


This  amount  deducted  from  the  balance  shown  by  the  settlement 
under  the  treaty  of  l835-'6,  makes  a  discrepancy  between  what  re- 
mains in  the  treasury,  and  what  should  be  there  according  to  that 
settlement,  of  $145,122  78. 

This  discrepancy  arises  from  the  deduction  of  the  amounts  for 
certain  objects  improperly  charged  to  the  funds  under  the  treaty, 
and  which,  as  stated,  the  United  States  have  to  make  good,  from 
the  defalcation  of  two  persons,  at  the  time  officers  of- the  army, 
acting  as  disbursing  agents  of  the  Indian  department,  amounting 
to  $76,976  54,  and  from  moneys  in  the  hands  of  a  former  agent  for 
the  Cherokees,  whose  accounts  have  not  yet  been  finally  settled. 
Whatever  amount  may  be  found  due  the  United  Stafes  on  such  set- 
tlement, will,  no  doubt,  be  forthcoming  soon  thereafter,  but  it  is 
deemed  best  to  estimate  for  the  whole  amount  required  to  carry  the 
treaty  of  1846  fully  into  effect,  without  reference  to  any  such 
contingency,  as3  whatever  amount  may  then  be  returned  to  the 
treasury  will  not  be  used,  but  go  directly  to  the  surplus  fund.  The 
sums  required  to  be  appropriated  will,  therefore,  be  as  follows, 
viz: 

Amount  found  due  the  "  old  settlers''  or  "  western 
Cherokees"  according  to  the  allowance  made  to 
them  by  the  treaty  of  1846 $419,763  96 


22  Ex.  Doc.  No.  65. 

Amount  found  clue  the  Cherokees  residing-east  at  the 

date  of  the  treaty  of  l835-'6 $184,071  28 


603,835  24 


Deduct  amount  on  hand  applicable «  .  ....  38,948  50 


Balance  required  to  be  appropriated 564,886  74 


Although  I  think  it  has  been  clearly  shown  that  the  assumption, 
in  the  treaty  of  1846,  that  certain  expenditures  under  the  treaty  of 
1835-'6  had,  improperly,  been  charged  to  the  u  five  million  fund," 
and  that  the  United  States  were  therefore  bound  to  make  good  the 
amount  thereof,  was  an  error;  and,  though  this  office  is  entirely  sat- 
isfied that  full  and  ample  justice  is  done  in  the  principles  and  re- 
sults of  the  settlement  herein  made,  I  yet  deem  it  proper  to  state 
the  amounts  of  those  expenditures  under  their  several  heads.  They 
are  as  follows,  viz: 

1st.  Amount  for  reservations,  except  that  class 
which,  like  spoliations,  are  specifically  and  in 
terms  provided  for  in  the  3d  article  of  the  sup- 
plement         $125,477  51 

2d.  "Rents,"  viz.,  amounts  allowed  for  disposses- 
sion of  improvements  prior  to  treaty 164,549  02 

3d.   Amounts    allowed  for    same    during    two  years 

they  were  permitted  by  the  treaty  to  remain 47,596  10 

4th.  Amount  paid  for  valuing  agents,  enrolling  and 
removing  agents,  commissaries,  and  interpreters, 
&c.j  and  for  services  of  Cherokee  committee....  163,296  38 

Total 500,919  01 

For  the  details  of  this  last  item,  see  the  accompanying  state- 
ment furnished  by  !he  Second  Auditor  of  the  Treasury,  which 
gives  the  various  classes  of  officers  and  agents  employed,  and  the 
amount  expended  for  each. 

The  foregoing  is  respectfully  submitted  for  your  information,  and 
in  order  that  application  may  be  made  to  Congress  for  the  requi- 
site appropriations. 

Very  respectfully,  your  obedient   servant, 

W.  MEDILL. 

Hon.  Wm.  L.  Marcy, 

Secretary  of  War. 


STATEMENT 


SECOND  AUDITOR  OF  THE   TREASURY, 


Amounts  paid  to  various  classes  of  officers  and  agents   employed  in 
the  execution  of  the  Cherokee  treaty  of  lS35-'36. 


24 


Ex.  Doc.  No.  65. 


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32  Ex.  Doc.  No.  65. 

Statement  showing  jthe  am.ount  of  certain  expenditures  made  and 
charged  to  the  appropriations  of  July  2,  1836,  and  June  12,  1838, 
for  carrying  into  eject  the  treaty  of  j\'\>w  Echota  of  December^ 
1S35,  as  requested  per  letter  from  the  Commissioner  of  Indian 
Affairs  to  the  Second  Auditor ,. dated  October  32,  1846. 

EXPENDITURES. 

Superintendents . . . .  $7,797  96 

Clerks 10,898  63 

Valuing  agents 15 ,729  38 

Conductors  of  emigration. 25,824  38 

Disbursing  agents 5,502  32 

Physicians 35 .  H35  47 

Interpreters , 2?  J345  83 

Issuing  agents. .. II  ,547  17 

Enrolling  agents  . 10 ,274  00 

Collecting  agents 7,232  93 

Cherokee  committee,  third  clause,  12th  article  treaty 19 .296  50 

Transportation,  &c,  military  officers 7,062  31 

Cost  transportation  of  funds,  &c 6,615  06 

Expenses  attending  negotiation  of  the  treaty 36 J 531  47 

Medical  supplies 5 ,4^7  55 

Stationery 1  J2'02  50 

Printing 532  62 

Aggregate  amount ' $235,516  63 

Treasury  Department, 

Second  Auditor's  Office.  January  30,  1347. 


